3002.1 DOEE will publish a list of low-PAH pavement sealants on DOEE's website at doee.dc.gov/coaltar. DOEE will provide a printed copy of the list of low-PAH pavement sealants upon request by email to pavementsealant@dc.gov or in person at the DOEE front office, located at 1200 First Street NE, 5^th Floor, Washington DC 20002.3002.2 Before a pavement sealant is added to the list of low-PAH pavement sealants, a sample of the pavement sealant must be analyzed for PAH concentrations using a testing protocol published at doee.dc.gov/coaltar. Standards and certifications required for laboratories are included in the protocol.3002.3 DOEE will use reasonable efforts to test widely available pavement sealants to determine their eligibility for listing as low-PAH pavement sealants. Nothing in this section shall create an obligation for DOEE to test any particular or all available sealant products.3002.4 A sealant manufacturer may request to have a pavement sealant added to the list of low-PAH pavement sealants at any time by submitting a request in writing to DOEE at pavementsealant@dc.gov.3002.5 A request to have a sealant added to the list of low-PAH pavement sealants shall include evidence satisfactory to DOEE that:- (a) The pavement sealant has been tested according to the testing protocol published by DOEE and PAH concentrations do not exceed one tenth of one percent (0.1%) or one thousand parts per million (1000 ppm) by weight; and - (b) The pavement sealant does not contain banned materials.3002.6 Before adding a pavement sealant to the list of low-PAH pavement sealants, DOEE may request samples of the sealant product be sent directly from the manufacturer to DOEE for analysis at a laboratory of DOEE's choice.3002.7 DOEE may decline to add a pavement sealant to the list of low-PAH pavement sealants if:- (a) The request does not meet the requirements of § 3002.5; - (b) The manufacturer does not provide samples upon request in accordance with § 3002.6; or

(c) Testing arranged by DOEE in accordance with § 3002.6 indicates that the pavement sealant is a high-PAH sealant product.

3002.8 DOEE will review the list of low-PAH pavement sealants at least biennially, at which time DOEE may:

1. (a) Re-test or arrange for the re-testing of any pavement sealant to confirm that the product is a low-PAH pavement sealant;
2. (b) Request that manufacturers re-test pavement sealant samples and submit PAH concentrations; and
3. (c) Remove a pavement sealant from the list if re-testing demonstrates that the product is a high-PAH pavement sealant or if DOEE is unable to obtain samples for re-testing.

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022).